Memo

An act to amend the vehicle and traffic law, in relation to certifications of disability for severely disabled persons to obtain certain motor vehicle registrations, plates and permits

PURPOSE :

To authorize certifications of disability by optometrists related to motor vehicle registrations, license plates, and parking permits for severely disabled and handicapped persons.

SUMMARY OF PROVISIONS :

Section 1 of the bill would amend Vehicle and Traffic Law § 404-a to authorize the commissioner of motor vehicles to accept a certification of disability from an optometrist for purposes of issuing a motor vehicle registration and disabled person plates to a severely disabled person.

§ 2 would amend Vehicle and Traffic Law § l203-a to authorize an optometrist to certify that a person is temporarily unable to move from location to location without the aid of an "assisting device," as a condition for the issuance by a municipality of a temporary special vehicle identification (i.e., handicap) parking permit.

EXISTING LAW :

Vehicle and Traffic Law § 404-a authorizes a physician, physician assistant, nurse practitioner, or podiatrist to certify disabilities to support issuance of a distinctive motor vehicle registration and license plates to a severely disabled person. Such disabilities include: limited or no use of one or both lower limbs; neuro-muscular dysfunction which severely limits mobility; other physical or mental impairments or conditions; and blindness.

Vehicle and Traffic Law § 1203-a authorizes a physician to certify that a person is temporarily unable to move from location to location without the aid of an "assisting device" as a condition for the issuance by a municipality of a temporary special vehicle identification (i.e., handicap) parking permit.

STATEMENT IN SUPPORT :

The purpose of this bill is to help persons with disabilities lead independent lives through the benefits provided by motor vehicle handicap registrations and license plates, and handicap parking permits. This bill would assist in that effort by authorizing severely disabled persons to use certifications from optometrists to support their applications for these purposes. Under current law, certifications of disability from optometrists are not authorized by the Department of Motor Vehicles or municipalities for purposes of justifying the issuance of registrations, license plates and special permits; while certifications are accepted from other healthcare providers including physicians, physician assistants, nurse practitioners, and podiatrists.

It is within optometrists' scope of practice, education and training, and as provided in their licensure and registration by the State Education Department, to diagnose eye conditions, including low-vision and blindness. Since persons suffering from these conditions often have optometrists as their primary eye care provider, it is appropriate that they be able to have their optometrists certify to their disability - and for the Department of Motor Vehicles and municipalities to accept such certifications. The bill would provide that optometrists may only certify to disabilities within their scope of practice - that is eye and vision conditions, and would not authorize optometrists to certify disabilities unrelated to eye conditions such as medical conditions concerning the use of lower limbs, neuro-muscular dysfunctions that severely limit mobility, mental impairments, and most other physical conditions.

LEGISLATIVE HISTORY :

This is a new bill.

FISCAL IMPLICATIONS :

None.

EFFECTIVE DATE : This act shall take effect thirty days after it shall have become a law.

Text

STATE OF NEW YORK
________________________________________________________________________
7486
IN SENATE
April 14, 2010
___________

Introduced by Sen. DILAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to certif-
ications of disability for severely disabled persons to obtain certain
motor vehicle registrations, plates and permits
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The opening paragraph and paragraph (c) of subdivision 4
and paragraph (b) of subdivision 5 of section 404-a of the vehicle and
traffic law, as amended by chapter 228 of the laws of 2008, are amended
and a new subdivision 4-b is added to read as follows:
The commissioner shall issue sets of plates to such person in accord-
ance with subdivision two of this section with proof of such disability
of such person or such members of his family certified by a physician,
physician assistant or nurse practitioner, to the extent authorized by
law, including the education law, and consistent with any applicable
written practice agreement, or podiatrist pursuant to subdivision four-a
of this section OR OPTOMETRIST PURSUANT TO SUBDIVISION FOUR-B OF THIS
SECTION, to the satisfaction of the commissioner who is empowered to
carry out the effects of this section by formulating rules and regu-
lations.
(c) Has a physical or mental impairment or condition which is other
than those specified above, but is of such nature as to impose unusual
hardship in utilization of public transportation facilities and such
condition is certified by a physician, physician assistant or nurse
practitioner, to the extent authorized by law, including the education
law, and consistent with any applicable written practice agreement, duly
licensed to practice medicine in this state, or, pursuant to subdivision
four-a of this section, a podiatrist duly licensed to practice podiatry
in this state OR, PURSUANT TO SUBDIVISION FOUR-B OF THIS SECTION, AN
OPTOMETRIST DULY LICENSED TO PRACTICE OPTOMETRY IN THIS STATE, as
constituting an equal degree of disability (specifying the particular
condition) so as to prevent such person from getting around without
great difficulty in accordance with subdivision two of this section; or

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16626-01-0

S. 7486 2

(b) The commissioner may require the applicant for registration to
furnish such proof of his disability or such proof of disability of such
members of his family from a physician, physician assistant or nurse
practitioner, to the extent authorized by law, including the education
law, and consistent with any applicable written practice agreement, or
podiatrist pursuant to subdivision four-a of this section OR OPTOMETRIST
PURSUANT TO SUBDIVISION FOUR-B OF THIS SECTION, as the commissioner
deems necessary either for initial registration or renewal thereof;
provided, however, that a handicapped or disabled permit issued by a
municipality to such applicant pursuant to section twelve hundred
three-a of this chapter shall be deemed sufficient proof of disability
for purposes of this paragraph.
4-B. CERTIFICATION OF DISABILITY BY AN OPTOMETRIST. AN OPTOMETRIST
DULY LICENSED TO PRACTICE OPTOMETRY IN THIS STATE MAY CERTIFY ONLY THOSE
CONDITIONS WHICH HE OR SHE TREATS IN THE COURSE OF THE PRACTICE OF OPTO-
METRY, AS DEFINED IN SECTION SEVENTY-ONE HUNDRED ONE OF THE EDUCATION
LAW.
S 2. Paragraph (i) of subdivision 1 and subdivision 3 of section
1203-a of the vehicle and traffic law, paragraph (i) of subdivision 1 as
amended by chapter 180 of the laws of 1996 and subdivision 3 as amended
by chapter 220 of the laws of 1984, are amended to read as follows:
(i) any resident of New York state who is a severely disabled person,
as defined in subdivision three of section four hundred four-a of this
chapter, upon application of such person or such person's parent or
guardian, provided, however, that an issuing agent shall issue permits
only to residents of the city, town or village in which such issuing
agent is located, except that, an issuing agent, in his or her
discretion, may issue a permit to a severely disabled person who is not
a resident of the city, town, or village in which such issuing agent is
located where such person resides in a city, town, or village in which
the governing body has not appointed an issuing agent; and an issuing
agent, in his or her discretion, may issue a temporary special vehicle
identification parking permit, as authorized by subdivision three of
this section, to a person who is temporarily unable to ambulate without
the aid of an assisting device, as certified by a physician OR AN OPTO-
METRIST PURSUANT TO SUBDIVISION FOUR-B OF SECTION FOUR HUNDRED FOUR-A OF
THIS CHAPTER, who resides in a city, town, or village in which the issu-
ing agent does not issue temporary special vehicle identification park-
ing permits, or who is not a resident of the United States and is tempo-
rarily visiting the state; or
3. Notwithstanding any provision of this chapter to the contrary, any
municipality may issue a temporary special vehicle identification park-
ing permit to any person who is temporarily unable to ambulate without
the aid of an assisting device, as certified by a physician OR AN OPTO-
METRIST PURSUANT TO SUBDIVISION FOUR-B OF SECTION FOUR HUNDRED FOUR-A OF
THIS CHAPTER. Such temporary special vehicle identification parking
permit shall be valid for not more than six months and shall be recog-
nized statewide.
S 3. This act shall take effect on the thirtieth day after it shall
have become a law.

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